A recent ruling out of New Jersey represented a small but significant step in designating the bounds of permissible precedent under the "fairly debatable" standard, offering a measure of clarity to an area of the law still largely undefined in many 'jurisdictions.
- November 02, 2015Daren S. McNally, Matthew I. Gennaro, John Vieira and James Layman
Brazil's push to fight corruption has been steadily gaining steam over the last year, as the wide-ranging Petrobras scandal has continued. Now the Petrobras scandal may become increasingly multinational as prosecutors have announced a U.S. 'connection that could make the DOJ and SEC active 'participants.
November 02, 2015Alex Bracket and Ryan BonistalliFederal Circuit: The PTAB Determination of the Timeliness of an IPR Petition Is Part of the Initial Decision to Institute an IPR, and Is Not Reviewable on Appeal
Federal Circuit: Laches Is an Affirmative Defense to Patent Infringement Codified in 35 U.S.C. '282November 02, 2015Jeffrey S. Ginsberg and Brent T. HagenIn-depth analysis of two major rulings.
November 02, 2015ALM Staff | Law Journal Newsletters |The author opines that If Chapter 11 were available to post-secondary schools, rehabilitation for those schools whose problems are balance-sheet issues but not academic or management, would be possible. The result, among others, would be to preserve the institution, the value of credits earned by students and the value of degrees confirmed to alumni.
November 02, 2015Victor A. VilaplanaOn Oct. 6 of this year, the European Court of Justice (ECJ) gave a very important judgment about EU data protection law in the so-called Schrems case, where it ruled that the EU Safe Harbor regime is invalid and that EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S.
November 02, 2015Andre Bywater and Gayle McFarlaneRecent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators have pressed for greater cybersecurity efforts ' with the FTC's authority in this area being recently upheld by the Third Circuit.
November 02, 2015Milton SpringutAlthough dramatic changes in law's economic landscape have conferred far greater bargaining leverage and purchasing power on clients, in budget discussions with outside law firms, many in-house counsel just aren't asking the right questions.
November 02, 2015Pamela Woldow and Doug RichardsonDiscussion of a case in which the purchasers' attempt to retract repudiation of their sale contract was ruled ineffective; a look at case in which a co-op corporation requested a warrant of eviction.
November 02, 2015ljnstaff | Law Journal Newsletters |The practice of law is a business. Typically, partners in a law practice are responsible for keeping the firm afloat through bringing in business. Because partners are expected to bring in money for their firms, making partner in a law firm is no longer the lifetime guaranteed 'employment it once was.
November 02, 2015Randy Evans and Shari Klevens

